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MPRE practice EXAM QUESTIONS & ANSWERS 100- SOLVED (Newest 2025)
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MPRE practice EXAM QUESTIONS ANDANSWERS 100% SOLVED (Newest 2025)
Judge Jackman is a full-time judge in State A. Her father lives
in a retirement home in State B. Judge Jackman's father told
her on the telephone that several of his friends in the
retirement home had employed attorney Abbott to write wills
for them, that in each will attorney Abbott had included a
bequest to himself, and that each bequest was approximately
.5% of the estimated total value of the person's probable
estate. The friends told Judge Jackman's father that they did
not really want to leave Abbott anything; they had assumed it
was merely a matter of routine, a part of the lawyer's
compensation for drafting the will. Attorney Abbott is
admitted to practice in State B, but not in State A. Judge
Jackman did not talk personally with any of her father's
friends, but she believes that her father's rendition of the
story is entirely accurate. Would it be proper for Judge
Jackman to communicate directly with attorne - Correct
Answers ✅(a)
yes, it would be proper for Judge Jackman to take the steps
mentioned because she has received information indicating a
substantial likelihood that Abbott has violated a legal ethics
rule. Abbott has apparently violated ABA Model Rule 1.8(c),
which generally prohibits a lawyer from drafting a will under
which he will receive a substantial gift. A judge who receives
"information indicating a substantial likelihood" that a lawyer
has violated a legal ethics rule should take "appropriate
action," which may include direct communication with the
lawyer, direct action, and reporting the violation to the
appropriate authority. If a judge knows that a lawyer has
committed an ethics violation that raises a substantial
question about the lawyer's honesty, trustworthiness, or
fitness to practice law, then the judge must inform the
,MPRE practice EXAM QUESTIONS AND
ANSWERS 100% SOLVED (Newest 2025)
appropriate authority. [CJC 3D(2)] (B) is wrong because Judge
Jackman does not have "personal knowledge" as that term is
used in evidence law.[See CJC, Terminology] (C) is wrong
because the duties imposed by CJC 3D(2) are not confined to
lawyers in the judge's own jurisdiction. (D) is wrong because
"appropriate action" may include direct communication with
the lawyer who violated the legal ethics rule. [CJC 3D(2),
Commentary]
Lawyer Long, three years out of law school, had never set
foot in a courtroom. Long was on the board of directors of the
Community Nursery School ("CNS"), a nonprofit preschool for
underprivileged children. One of the CNS teachers was
charged with felony child abuse for allegedly molesting three
of the CNS pupils. After conducting its own careful
investigation, the CNS board of directors concluded that the
criminal charge was totally unfounded, and the board
resolved to provide defense counsel for the teacher. Long
volunteered to do the work without a fee. A few days before
the trial was to begin, Long got cold feet and became
convinced that he was incompetent to serve as the teacher's
trial counsel. He asked the trial judge for permission to
withdraw. After thoroughly questioning Long about his
preparation for trial, the judge said: Mr. Long, I understand
your anxiety, but you are perfectly competent to handle this -
Correct Answers ✅(a)
When ordered to do so by a tribunal, a lawyer must continue
representation notwithstanding good cause for terminating
the representation. [ABA Model Rule1.16(c)] Even if Long was
absolutely convinced of his own incompetence, he is subject
,MPRE practice EXAM QUESTIONS AND
ANSWERS 100% SOLVED (Newest 2025)
to discipline for abandoning the teacher in violation of the
trial judge's order. (B) is wrong for the reason stated above.
(C) is wrong because a lawyer is not subject to discipline for
taking on a case that he is not competent to handle if he puts
in the time and study needed to make himself competent to
handle it. [See Comment 4 to ABA Model Rule 1.1] Having
volunteered to take on the case, Long's duty was to put in the
requisite time and study. (D) is wrong because a lawyer's
duties of competence, diligence, and loyalty are no lower in a
pro bono matter than in a fee-paying matter.
During a brief recess in jury deliberations of a criminal case,
juror called a friend attorney and asked for help in
understanding a legal concept, "beyond a reasonable doubt".
Attorney explained the term. Subject to discipline?
(a) yes, bc he communicated with a juror about a pending
case.
(b) yes, bc given the circumstances and shortness of time, his
explanation may have been misleading.
(c) no, unless he was not competent in the field of criminal
law.
(d) no, unless he was in some manner connected with the
case. - Correct Answers ✅(a)
Aulet is subject to discipline because he communicated with
a juror about a pending case. During the trial of a case, no
lawyer, whether or not connected with the case, is allowed to
communicate with a juror about the case. [ABA Model Rule
3.5(b)—refer-ring the matter to local law, which generally
prohibits communication with a juror during the trial of the
, MPRE practice EXAM QUESTIONS AND
ANSWERS 100% SOLVED (Newest 2025)
case or jury deliberations; seealso ABA Model Rule 8.4(d)—
proscribing conduct that is prejudicial to the administration of
justice] (B) is wrong because Aulet should not have
communicated with Jimmerson about the case at all,
whatever the quality of his advice. (C) is wrong because Aulet
is subject to discipline for communicating with a juror,
regardless of whether he was or was not competent in the
field of criminal law. (D) is wrong because the prohibition
against a lawyer communicating with a juror while a trial is
pending applies to all lawyers, not just to those connected
with the case.
Duffy graduated from law school, but he never took the bar
examination and was never admitted to practice. He works as
an investigator and paralegal for the law firm of Schnell &
Gao, a professional corporation. Which of the following
statements are true? I. On Duffy's recommendation, one of
Duffy's friends retained lawyer Gao to represent her as
plaintiff in a personal injury case. It would be proper for
Schnell & Gao to pay Duffy 10% of its fee in the case as
compensation for the referral. II. Lawyer Schnell frequently
assigns Duffy to draft wills for Schnell's estate planning
clients. Schnell supervises Duffy's work, revises Duffy's
drafts, and is ultimately responsible for the final product.
Schnell is subject to discipline for assisting a nonlawyer to
engage in the unauthorized practice of law. III. Schnell & Gao
established a retirement plan that is funded partly by legal
fees earned by the Finn's lawyers. The - Correct Answers
✅(c)
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